This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Consumer Protection
Violation of Proposition 65

APS&EE LLC v. World Market LLC, and Does 1 through 100, inclusive

Published: Mar. 17, 2023 | Result Date: Dec. 2, 2022 | Filing Date: Apr. 25, 2022 |

Case number: 22STCV13578 Settlement –  $27,500

Judge

David Sotelo

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Lucas T. Novak
(Law Offices of Lucas T. Novak)


Defendant

Merritt M. Jones
(Bryan Cave Leighton Paisner LLP)


Facts

APS&EE is a limited liability company with an interest in protecting and promoting environmental issues and awareness. On April 25, 2022, It filed suit against World Market LLC in Los Angeles County Superior.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant sold several products--Jen Hewett mugs, peacock trays, palm tree paper weights--that exposed unsafe levels of lead to consumers without providing the clear and reasonable warning mandated by Proposition 65, the Safe Drinking Water and Toxic Enforcement Act.

DEFENDANT'S CONTENTIONS: Defendant denied all allegations, maintaining that the listed products, were and were always, in compliance with all laws.

Result

Defendant agreed to either reformulate the product or to provide clear and reasonable warning on the product. The settlement also required defendant to pay a civil penalty of $3,000 and $24,500 in attorney's and expert's fees and costs.


#140395

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390